Collections

Preliminary Investigation

• Obtain all documentation from client concerning the account, including information about the debtor, invoices, contracts, promissory notes, payments, and related correspondence.
• Investigate public records for information about debtor's financial status, including real estate records and prior judgments.
• Draft demand letter to debtor.

Commencement of Formal Action

• Draft complaint and prepare exhibits in support of complaint.
• Monitor date for response to complaint and, if appropriate, draft motion for default judgment.
• Subject to local rules/authority, appear in court at hearing for initial claim for plaintiff.
• Subject to local rules/authority, prepare, file and serve documents for examination of debtor; appear in court and conduct examination.
• Draft sworn denial if collection is sued on a sworn account.
• Draft journal entry, default or otherwise.
• Obtain certified copy of judgment transcript.

Post-Judgment Activities

• If necessary, arrange for transfer of judgment to all courts having jurisdiction over debtor.
• Obtain exemplified copy of foreign judgment.
• Prepare affidavit for transfer of foreign judgment.
• Draft wage and/or bank garnishment forms.
• Draft writ of execution.
• Abstract the judgment, obtain a writ of execution, and request that the sheriff attempt to collect what is owed on the write of execution.
• Arrange for indemnity bond from sheriff.
• Draft notice of lien on real property.
• Prepare bid and attend sheriff's sale of real property.
• Track redemption period and, if appropriate, prepare documents to redeem real property.
• Arrange for posting or publication of notice of sale.
• Maintain communication with sheriff about levy on personal property.
• Negotiate payment arrangements for attorney/client approval.
• Draft promissory note reflecting payment arrangement.
• Correspond with client informing status of collection.
• Maintain judgment account worksheet to record payments, collection costs, and court costs.
• When debt is collected, draft satisfaction of judgment to release judgment.
• Draft release of judgment or release of lien.
• If or when appropriate, file request for dismissal form.

Note - Some of the information contained in the Litigation section of this publication also includes work performed in the Collections specialty area.